Illinois Alimony / Spousal Support

The laws of Illinois are geared toward making sure that a person can continue to provide their own living, first and foremost. If it is determined that one spouse can meet their obligations and also provide for the other, especially if that person has fewer resources, maintenance may be ordered.

Illinois alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

In Illinois, the court may grant a temporary or permanent maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse

Types of Alimony Awarded in Illinois

Permanent: This type of alimony is to be paid until either the death of the pay or of the remarriage of the recipient.

Temporary: This type of alimony lasts for a specific period of time, usually one to two years. This type of alimony may be awarded when the persons involved are on almost equal ground but due to certain circumstances, one person may need financial assistance in order to get back on their feet.

Rehabilitative: This type of alimony is the most commonly awarded alimony. It is awarded in a situation where the recipient is younger, or able to eventually enter or return to the work force and become financially self-supporting. Rehabilitative alimony may include payments for the education necessary to enable the recipient to become self-supporting.

• The income and property of each party, including marital property apportioned and non marital property assigned to the party seeking maintenance
• The needs of each party
• The present and future earning capacity of each party
• Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage
• The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment
• The standard of living established during the marriage
• The duration of the marriage
• The age and the physical and emotional condition of both parties
• The tax consequences of the property division upon the respective economic circumstances of the parties
• contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse
• Any valid agreement of the parties
• Any other factor that the court expressly finds to be just and equitable

Modification of Alimony in Illinois

In Illinois alimony can be modified if the person providing the alimony can prove there has been a significant change in circumstance. If the payor is still able to pay a part of the spousal support the alimony will be reduced but not terminated.

Illinois statutes for divorce and alimony can be found here: 750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act

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